The information collected by the Insurance Information Institute (Triple-I) and State Farm indicates that U.S. insurers settled approximately $1.6 billion in dog-related injury claims in 2024.
In case of a dog bite lawsuit against you, check your home or renter’s insurance. Under California’s strict liability law, you are likely to face legal consequences.
As soon as possible, you should contact a dog bite lawyer. According to personal injury lawyer Lee “Jody” Amedee III, a lawyer knows all the ins and outs of personal injury law and can help you get compensation that you didn’t know was possible.
Let’s outline the steps you should follow to properly file a dog bite claim in California.
Understanding Dog Bite Laws in California
According to California Civil Code § 3342, dog owners are liable for their dog’s bites in public places or when a person is lawfully on private property. This law applies regardless of the dog’s previous behavior. The statute is concerned with the fact of the bite alone and not the dog’s past.
According to a dog bite lawyer in Weed, dog bite victims can sue dog owners for damages such as medical bills, lost wages, and emotional distress.
Keep in mind that there are certain exceptions. The principle of strict liability does not usually cover situations involving a trespasser, a provoked dog, or a dog biting a person while he or she is performing a police or military duty. The courts may also consider the issue of risk assumption in certain occupations, like veterinary work.
The statute’s application and the reliance on negligence or other legal theories in a case are specified by these limits.
Steps to Take Immediately After a Dog Bite
Most likely you will be surprised and hurt by a dog bite, which is why the first actions taken are usually the most important from both the medical and legal points of view. After confirming that everything is safe, most people try to get medical help the very next moment. Keep in mind that even minor punctures can lead to infection. Records that the doctors make at this time very often become important to a case.
One effective approach to support the case is to take pictures of the injuries along with the site of the bite. If possible, acquire witnesses’ names and their contact details so that the specifics that may be difficult to replicate later are preserved. Reporting the bite to the local animal control or police creates an official record and aids in the establishment of the facts of the case. The information from these reports can be used in case of a dispute.
Types of Claims You Can File
Depending on the specifics of the injury and the damages you’ve sustained, you can file a dog bite claim in California in a number of different ways.
In case the dog inflicts injury to a person in some other manner, like pushing him down, a claim can be made, but it will most likely be a negligence case. Negligence by the owner in this particular case is their failure to be careful enough. For example, if a dog with a violent past is loose around the neighborhood and the owner does nothing to prevent it, then the owner can be held criminally responsible.
In the case of dog bites, the victim can receive compensation for medical bills, loss of income, and for both physical and psychological suffering caused by the bite. One of the primary factors influencing the emotional suffering aspect is the severity of injuries that result in scar formation, cause lasting pain, or stem from events that are too difficult to endure.
Punitive damages are the most severe type of compensation and require proof of extremely irresponsible behavior or intent. Keep in mind that they are normally not awarded in most cases.
With the assistance of a dog bite lawyer, you can find out the most effective way to boost up this kind of claim. If needed, your attorney might use different tactics to ensure that you get the highest amount of compensation possible.
The Role of a Dog Bite Lawyer
An attorney with expertise in California dog bite lawsuits can assist in ascertaining the application of the law, considering if any defenses might be put up, and collecting the proof needed to strengthen the claim. Among the activities involved in this process are medical records examination, animal control reports retrieval, witness interviews, and recording or surveillance footage acquisition.
Ordinarily, dog bite claims are handled by insurers, and the whole procedure of dealing with adjusters might be pretty tough, mainly in the situations where there are very serious injuries or disagreements about who is responsible for the injury. A lawyer will keep an eye on these communications to make sure the victim gets just and right financial compensation during the period he/she is healing. The presence of a lawyer makes the observance of time limits less difficult, for example, the two-year limit for personal injury cases in California.
How to Prepare for Your Consultation With an Attorney
When it comes to an injured person’s consultation with the lawyer, proper preparation beforehand can yield considerable advantages. A better view of the case and its happenings will be given to the lawyer by the medical records, incident photos, witness details, and animal control report copies all together.
As you continue to discuss the accident with your lawyer, potential legal matters will be identified, including the applicability of strict liability exceptions in this case. The lawyer’s advice will depend on the alignment of goals and the strategy that results from the initial discussion of expectations. This preparation will then lead to a stronger working relationship and a more efficient legal process.